Commentary

The Google Traffic Cop: Search Engine Says Its Abuse Policy Is An Anti-Spam Measure

The European Commission (EC) has launched a probe to determine whether Google is providing fair and non-discriminatory access to publishers on Google Search -- a requirement under the Digital Markets Act (DMA).

The EC says it has determined that Google is demoting news media and other publishing websites in search results when these sites include content from commercial partners. 

This falls under Google’s “site reputation abuse policy,” an anti-spam measure. But the EC states that this policy appears to “directly impact a common and legitimate way for publishers to monetize their websites and content.” 

Given this, the EC wants to ensure that Alphabet’s alleged demotions of publishers’ websites and content in Google does not prevent publishers from conducting legitimate business with third-party content providers. 

If Google is not complying, it can face fines of up to 10% of its worldwide turnover, or 20% in the cases of repeated infringement, the EC states. Moreover, the EC may demand the sale of a business or parts of it in the event of systematic infringements. 

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Google counters that it has “ worked together with the European Commission on a range of efforts to protect European consumers, including working to fight scams under the Digital Services Act.” 

Google adds, “Unfortunately, the investigation announced today into our anti-spam efforts is misguided and risks harming millions of European users. And the investigation is without merit: a German court has already dismissed a similar claim, ruling that our anti-spam policy was valid, reasonable, and applied consistently."

The Commission aims to conclude this investigation within 12 months of its launch. 

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